E-cig supporters begin to see the FDA go on to classify them as drug delivery devices as a primary step in banning them on a national level. The agency had used its classification to block several shipments of e-cigs from China, prompting manufacturers to sue. In January 2010, a federal judge ruled that e-cigs are not drugs, but tobacco products, and so not susceptible to FDA jurisdiction. He called the FDA’s actions a “tenacious drive to maximize its regulatory power. ”
The FDA countered by citing manufacturer’s claims that e-cigarettes “alleviate nicotine withdrawal symptoms, ” making them similar to nicotine patches and gum, which the FDA does have the authority to manage. While the FDA appeals your decision, many states are taking the matter within their own hands.
New Jersey’s State Assembly has barred the sale of e-cigs to anyone under 19, and prohibits adults from smoking them at work or in public. Nyc, Oregon, and New Hampshire have already passed laws banning or restricting sales of e-cigs and e-liquid น้ำยาบุหรี่ไฟฟ้า, and lots of other states have proposed similar legislation.
Overseas, Canada, Australia, Brazil, Panama, and Singapore have all completely banned e-cigarettes. Denmark and New Zealand allow them to be sold only as a regulated medicine.
The same not enough evidence that prevents the American Lung Association yet others from endorsing e-cigarettes as an anti-smoking aid can be preventing some politicians from supporting outright bans. Illinois State Senator Dave Syverson voted against that state’s proposed ban, asking, “What right do we have to say a person can’t market or have a product which has not proven to be a problem? ” And though the California State Senate passed a bill banning e-cigs in October 2009, Governor Arnold Schwarzenegger vetoed it saying, “If adults want to buy and digest these products with an understanding of the associated health risks, they must be able to do this unless and until federal law changes the legal status of those tobacco services and products. ”
Though some proposed regulation meets similar resistance, legislators find little opposition to efforts to ban e-cig’s sale to children. A concealed camera operation in Phoenix, Arizona, caught a mall kiosk salesman selling the unit to kids. While not illegal at the time, the report helped ensure the passage of Arizona House Bill 2203, which adds electronic cigarettes to the set of tobacco-related services and products that are illegal to sell to minors.
With the topic buzzing from forums to state capitols, and no sign of clinical trials beingshown to people there, it’ll be a little while until the smoke clears in the debate surrounding electronic cigarettes.